BILL NUMBER: SB 1807	CHAPTERED  09/28/00

	CHAPTER   815
	FILED WITH SECRETARY OF STATE   SEPTEMBER 28, 2000
	APPROVED BY GOVERNOR   SEPTEMBER 28, 2000
	PASSED THE SENATE   AUGUST 31, 2000
	PASSED THE ASSEMBLY   AUGUST 29, 2000
	AMENDED IN ASSEMBLY   AUGUST 28, 2000
	AMENDED IN ASSEMBLY   AUGUST 22, 2000
	AMENDED IN ASSEMBLY   AUGUST 14, 2000
	AMENDED IN ASSEMBLY   JULY 6, 2000
	AMENDED IN ASSEMBLY   JUNE 20, 2000
	AMENDED IN SENATE   MAY 2, 2000
	AMENDED IN SENATE   APRIL 5, 2000

INTRODUCED BY   Senator Vasconcellos
   (Coauthors:  Assembly Members Cedillo, Migden, Romero, Shelley,
and Wesson)

                        FEBRUARY 23, 2000

   An act to add Section 11877.2 to, and to add Chapter 9.8
(commencing with Section 11545) to Division 10 of, the Health and
Safety Code, and to add Section 1000.8 to the Penal Code, relating to
addiction.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1807, Vasconcellos.  Addiction:  treatment.
   Existing law provides that it is the policy of the state to
encourage each county and city and county to make use, whenever
applicable, of testing procedures to determine addiction to
controlled substances or the absence thereof, and to foster research
in means of detecting the existence of addiction to controlled
substances and in medical methods and procedures for that purpose.
   This bill would, in addition, make a legislative finding and
declaration that licensed physicians, experienced in the treatment of
addiction, should be allowed and encouraged to treat addiction by
all appropriate means.
   Under existing law, the State Department of Alcohol and Drug
Programs is responsible for licensing narcotic treatment programs to
use replacement narcotic therapy in the treatment of addicted persons
whose addiction was acquired or supported by the use of a narcotic
drug or drugs, not in compliance with a physician and surgeon's legal
prescription.  The department is authorized to license narcotic
treatment programs on an inpatient or outpatient basis, or both.
   This bill would require the department to establish a program for
the operation and regulation of office-based opiate treatment
programs that would either be affiliated and associated with a
primary licensed narcotic treatment program or hold a primary
narcotics treatment program license.
   Existing law authorizes the court to defer the entry of judgment
of defendants who plead guilty to certain drug offenses and to
dismiss the criminal charges if the defendant successfully completes
a deferred entry of judgment program.  Existing law also authorizes
the court to suspend criminal proceedings without a guilty plea for
designated defendants under a preguilty plea drug court program.
   Existing law requires that all referrals for deferred entry of
judgment granted by the court be only to programs certified by the
county drug program administrator.
   This bill would authorize any person who is participating in a
deferred entry of judgment program or a preguilty plea program to
also participate in a licensed methadone or levoalphacetylmethadol
(LAAM) program if certain conditions are met.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Chapter 9.8 (commencing with Section 11545) is added to
Division 10 of the Health and Safety Code, to read:

      CHAPTER 9.8.  TREATMENT

   11545.  The Legislature hereby finds and declares that licensed
physicians, experienced in the treatment of addiction, should be
allowed and encouraged to treat addiction by all appropriate means.
  SEC. 2.  Section 11877.2 is added to the Health and Safety Code, to
read:
   11877.2.  (a) The department shall establish a program for the
operation and regulation of office-based opiate treatment programs.
An office-based opiate treatment program established pursuant to this
section shall meet either of the following conditions:
   (1) Hold a primary narcotics treatment program license.
   (2) Be affiliated and associated with a primary licensed narcotics
treatment program.  An office-based opiate treatment program meeting
the requirement of this paragraph shall not be required to have a
separate license from the primary licensed narcotics treatment
program with which it is affiliated and associated.
   (b) For purposes of this section, "office-based opiate treatment
program" means a program in which interested and knowledgeable
physicians provide addiction treatment services, and in which
community pharmacies supply necessary medication both to these
physicians for distribution to patients and through direct
administration and specified dispensing services.  Nothing in this
section is intended to expand the scope of the practice of pharmacy.

   (c) Notwithstanding any other provision of law or regulation,
including Section 10020 of Title 9 of the California Code of
Regulations, an office-based opiate treatment program in a remote
site, that is affiliated and associated with a licensed narcotics
treatment program, may be approved by the department, if all of the
following conditions are met:
   (1) A physician may provide office-based addiction services only
if each office-based patient is registered as a patient in the
licensed narcotic treatment program and both the licensed narcotic
treatment program and the office-based opiate treatment program
ensure that all services required under Chapter 4 (commencing with
Section 10000) of Division 4 of Title 9 of the California Code of
Regulations for the management of opiate addiction are provided to
all patients treated in the remote site.
   (2) A physician in an office-based opiate treatment program may
provide treatment for a maximum of 20 patients under the appropriate
United States Drug Enforcement Administration registration.  The
primary licensed narcotics treatment program shall be limited to its
total licensed capacity as established by the department, including
the patients of physicians in the office-based opiate treatment
program.
   (3) The physicians in the office-based opiate treatment program
shall dispense or administer pharmacologic treatment for opiate
addiction that has been approved by the federal Food and Drug
Administration such as levoalphacetylmethadol (LAAM) or methadone.
   (4) Office-based opiate treatment programs, in conjunction with
primary licensed narcotics treatment programs, shall develop
protocols to prevent the diversion of methadone.  The department may
develop regulations to prevent the diversion of methadone.
   (d) For purposes of this section, "remote site" means a site that
is geographically or physically isolated from any licensed narcotic
treatment program.  Therefore, the requirements in this subdivision
regarding a remote site do not apply to an office-based opiate
treatment program that holds a primary narcotics treatment license.
   (e) In considering an office-based opiate treatment program
application, the department shall independently weigh the treatment
needs and concerns of the county, city, or areas to be served by the
program.
  SEC. 3.  Section 1000.8 is added to the Penal Code, to read:
   1000.8.  (a) Where a person is participating in a deferred entry
of judgment program or a preguilty plea program pursuant to this
chapter, the person may also participate in a licensed methadone or
levoalphacetylmethadol (LAAM) program if the following conditions are
met:
   (1) The sheriff allows a methadone program to operate in the
county jail.
   (2) The participant allows release of his or her medical records
to the court presiding over the participant's preguilty or deferred
entry program for the limited purpose of determining whether or not
the participant is duly enrolled in the licensed methadone or LAAM
program and is in compliance with deferred entry or preguilty plea
program rules.
   (b) If the conditions specified in paragraphs (1) and (2) of
subdivision (a) are met, participation in a methadone or LAAM
treatment program shall not be the sole reason for exclusion from a
deferred entry or preguilty plea program.  A methadone or LAAM
patient who participates in a preguilty or deferred entry program
shall comply with all court program rules.
   (c) A person who is participating in a deferred entry of judgment
program or preguilty plea program pursuant to this chapter who
participates in a licensed methadone or LAAM program shall present to
the court a declaration from the director of the methadone or LAAM
program, or the director's authorized representative, that the person
is currently enrolled and in good standing in the program.
   (d) Urinalysis results that only establish that a person described
in this section has ingested or taken the methadone administered or
prescribed by a licensed methadone or LAAM program shall not be
considered a violation of the terms of the deferred entry of judgment
or preguilty plea program under this chapter.
   (e) Except as provided in subdivisions (a) to (d), inclusive, this
section shall not be interpreted to amend any provisions governing
deferred entry and diversion programs.
